Dorman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REGINALD L. MCCOY, No. 1:21-cv-00978-JLT (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

WARDEN DORMAN, DISMISS PETITION FOR WRIT OF

HABEAS CORPUS

Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] On June 21, 2021, Petitioner filed the instant petition. He is in the custody of the Bureau of Prisons (“BOP”) at the United States Penitentiary located in Atwater, California. He challenges the warden’s consideration of his petition for release. The petition is unexhausted. Therefore, the Court will recommend the petition be DISMISSED without prejudice. DISCUSSION I. Exhaustion Before filing a petition for writ of habeas corpus, a federal prisoner challenging any circumstance of imprisonment must first exhaust all administrative remedies. Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986);…